sc1340905.164-167

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.E.    Standing Committee Proceedings: 9th May 2006
164

Education and Inspections Bill, continued

‘(1)
In section 94 of SSFA 1998 (appeal arrangements: general), in subsection (1)(a)

after “section 96” insert “or 97A”.

(2)
In section 96 of SSFA 1998 (direction to admit child to specified school)—

(a)
in subsection (3) for “the Secretary of State” substitute “the appropriate

authority (within the meaning of section 97)”, and

(b)
in subsection (8) for “section 97” substitute “sections 97 to 97C”.

(3)
After section 97B of SSFA 1998 (inserted by section (Direction to admit looked

after child to specified school)) insert—

“97C
Determinations under section 97 or 97B: supplemental

Regulations may make provision in relation to England—

(a)
requiring the adjudicator to consult prescribed persons or

persons of a prescribed description before making any

determination in connection with a reference under section 97 or

97B;

(b)
requiring an admission authority for a school to provide

information which—

(i)
falls within a prescribed description, and

(ii)
is requested by the adjudicator for the purposes of any

such determination.” ’.

Looked after children to whom section 87(2) of SSFA 1998 applies: references to

adjudicator

Jacqui Smith

Added  NC30

To move the following Clause:—

‘(1)
In section 95 of SSFA 1998 (appeals relating to children to whom section 87(2)

applies) after subsection (2) insert—

“(2A)
Subsection (2) does not apply in relation to a decision made by or on

behalf of a local education authority in England to admit to a school a

child who is looked after by a local authority in England (provision for

references to the adjudicator in relation to such a decision being made by

section 95A).”

(2)
After that section insert—

“95A
References relating to looked after children to whom section 87(2)

applies

(1)
This section applies where—

(a)
a local education authority in England are the admission

authority for a community or voluntary controlled school, and

(b)
a decision is made by or on behalf of the authority to admit to the

school a child who, at the time when the decision is made, is

looked after by a local authority in England and to whom (at that

time) section 87(2) applies.

(2)
The local education authority must give notice of the decision to the

governing body of the school.

S.C.E.    Standing Committee Proceedings: 9th May 2006
165

Education and Inspections Bill, continued

(3)
The governing body of the school may, within the period of seven days

beginning with the day on which they are notified of the decision, refer

the matter to the adjudicator.

(4)
A reference under subsection (3) may only be made on the ground that

the admission of the child to the school would seriously prejudice the

provision of efficient education or the efficient use of resources.

(5)
If the adjudicator determines that the admission of the child to the school

would have the effect mentioned in subsection (4)—

(a)
the decision to admit the child to the school shall cease to have

effect, but

(b)
the adjudicator may determine that another maintained school in

England is to be required to admit the child.

(6)
A determination under subsection (5)(b) may only be made with the

agreement of the local authority who look after the child.

(7)
A determination under subsection (5)(b) may not be made if—

(a)
the child is permanently excluded from the other school, or

(b)
the admission of the child to the other school would seriously

prejudice the provision of efficient education or the efficient use

of resources.

(8)
If the adjudicator determines under subsection (5)(b) that another school

is to be required to admit the child—

(a)
the admission authority for the school shall admit the child to the

school, and

(b)
if the admission authority are not the governing body of the

school, the admission authority shall give notice in writing to the

governing body and head teacher of the school of the

adjudicator’s decision.

(9)
Regulations may make provision—

(a)
requiring the adjudicator to consult prescribed persons or

persons of a prescribed description before making any

determination in connection with a reference under this section;

(b)
requiring an admission authority for a maintained school to

provide information which—

(i)
falls within a prescribed description, and

(ii)
is requested by the adjudicator for the purposes of any

such determination.” ’.

Provision of advice by adjudicator

Jacqui Smith

Added  NC31

To move the following Clause:—

‘In section 25 of SSFA 1998 (adjudicators) after subsection (3) insert—

S.C.E.    Standing Committee Proceedings: 9th May 2006
166

Education and Inspections Bill, continued

“(3A)
When asked to do so by the Secretary of State, an adjudicator must give

advice to the Secretary of State on such matters relating to the admission

of pupils to relevant schools as the Secretary of State may specify.

(3B)
The adjudicator may, for the purposes of providing such advice to the

Secretary of State, request any of the following persons to provide him

with such information held by them as the adjudicator may specify—

(a)
the admission authority (within the meaning of Chapter 1 of Part

3) of a community, foundation or voluntary school;

(b)
the proprietor of any other relevant school.

(3C)
A person so requested by the adjudicator to provide information must

comply with the request.

(3D)
In subsections (3A) and (3B), “relevant school” means a school in

England falling within any of paragraphs (a) to (f) of section 5(2) of the

Education Act 2005.” ’.

Power of Assembly to make regulations about admission of looked after children

Jacqui Smith

Added  nc33

To move the following Clause:—

‘(1)
After section 97C of SSFA 1998 (inserted by section (Directions to admit child

to specified school: supplementary provisions)) insert—

“Looked after children in Wales

97D
Power of Assembly to make regulations about admission of looked

after children

(1)
The Assembly may by regulations make provision about the admission

of children looked after by local authorities in Wales (“looked after

children”) to maintained schools in Wales.

(2)
Regulations under subsection (1) may include provision requiring the

admission authorities for such schools—

(a)
to include in their admission arrangements such provision

relating to the admission of looked after children as may be

prescribed, which may in particular include provision for

securing that, subject to prescribed exceptions, such children are

to be offered admission in preference to other children;

(b)
to admit looked after children in prescribed circumstances,

subject to prescribed exceptions.

(3)
Regulations under subsection (1) may provide that any of the preceding

provisions of this Chapter—

(a)
shall not apply in relation to looked after children;

(b)
shall apply in relation to such children with prescribed

modifications.”

(2)
In section 89 of that Act, in subsection (1A)—

(a)
after “maintained schools” insert “in England”, and

S.C.E.    Standing Committee Proceedings: 9th May 2006
167

Education and Inspections Bill, continued

(b)
after “a local authority” insert “in England”.’.

Admissions administration

Sarah Teather

Greg Mulholland

Annette Brooke

Negatived on division  nc4

To move the following Clause:—

‘(1)
Chapter 1 of Part III of SSFA 1998 (schools admissions) is amended as follows.

(2)
After section 89 insert the following section—

“89A
Admissions administration

(1)
Admissions administration will receive all applications for places made

on behalf of pupils seeking admission to maintained schools, academies,

city technology colleges and city colleges for the technology of the arts

within its local education authority’s area.

(2)
Admission administration will anonymise these applications so that the

identity of individual applicants cannot be identified by the schools for

which they have applied or indicated a preference.

(3)
Admission administration will determine the awarding of places at

maintained schools within its local education authority’s area having

regard to the arrangements which are to apply for that year, established

by any admissions authority within that area, including special

arrangements provided for in section 91.

(4)
The person responsible for admissions administration within a local

education authority must be employed or commissioned by the local

education authority.

(5)
In this Chapter “admissions administration” means the person

responsible for the administration of arrangements for the admissions of

pupils to any school within a local education authority’s area.”’.

Admission authorities

Sarah Teather

Greg Mulholland

Annette Brooke

Negatived on division  nc5

To move the following Clause:—

‘(1)
Section 88 of SSFA 1998 (admission authorities and admission agreements) is

amended as follows.

(2)
At end of subsection (1) insert—